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Dismissed3 December 20253368238

127 Chiltern Drive and Chiltern Works, Surbiton, KT5 8LS

Planning appeal 3368238 at 127 Chiltern Drive and Chiltern Works, Surbiton, KT5 8LS (Royal Borough of Kingston Upon Thames) was dismissed on 3 December 2025 by Inspector Rawle S, following a hearing. The main issue, as the Inspector framed it: Whether the condition is necessary and reasonable having regard to whether or not the proposal would make adequate provision for affordable housing taking into account the financial viability of the scheme.

a mixed use development including retention of 127 Chiltern Drive, demolition of all other buildings and erection of 2no. buildings for flexible commercial floorspace at ground floor and 43 no residential units on upper floors, with associated access, landscaping, car parking, cycle parking and refuse storage without complying with a condition attached to planning permission Ref 21/03876/FUL, dated 5 May 2023

Authority
Royal Borough of Kingston Upon Thames
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Other Major Developments
Inspector
Rawle S
Postcode
KT5 8LS

Main issues, as the Inspector framed them

  • Whether the condition is necessary and reasonable having regard to whether or not the proposal would make adequate provision for affordable housing taking into account the financial viability of the scheme

What decided it

The finding that the appellant had not demonstrated the scheme was unviable, so removal of the on-site affordable housing (replaced by a £75,000 commuted sum) was not justified and was given very substantial weight against the proposal.

The substantial weight given to the housing supply and mix benefits was outweighed by the very substantial weight given to the unjustified loss of on-site affordable housing, disengaging the paragraph 11(d) presumption and resulting in conflict with the development plan as a whole under the normal planning balance.

What the Inspector cited

Development plan policies
Policy DM15Policy H4Policy H5
National Planning Policy Framework
Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2025

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.